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Dáil Éireann debate -
Thursday, 13 Apr 1978

Ceisteanna—Questions. Oral Answers. - Fishing Gear Confiscation.

16.

asked the Minister for Fisheries the steps, if any, that will be taken in regard to the recent High Court ruling that the valuable penalty of confiscation of fishing gear of foreign poaching trawlers is unconstitutional.

I propose to introduce amending legislation urgently to increase fines very substantially, to provide for forfeiture of fish and gear and to provide for trial on indictment in cases of illegal fishing.

It is interesting to see how speedily we can have amending legislation in regard to this part of the Constitution and how slow it is in regard to other parts of the Constitution which also need to be amended.

There is an interesting point for constructive dialogue in that supplementary.

In view of the very serious situation regarding the wholesale poaching off our coasts at present, what does the Minister mean by "urgently"? When can we expect this legislation which, after all, is only a simple amendment of section 221 of the Fisheries Act?

It is more than that because we are dealing with a constitutional problem—

You changed the course in the District Court——

All I am saying is that there is a little more to it. It is not quite as simple as that. But we have got over the hurdles and we have the legislation in course of drafting at present. Again, I would hope to have it in about six weeks.

Could I remind the Minister that this problem has been on his lap since the Bulgarian-Russian cases last October and six months later we are still awaiting legislation to deal with it? It is a most urgent problem.

The matter is only on my lap since the final court decision which was made only a month ago.

Was it not clear at a very early stage that the probability was that the Bulgarians and Russians would win the case?

I awaited the decision of the courts. Having had that decision, I am now bringing in the legislation that is necessary by virtue of that decision.

May I take it from that that the Minister gave no thought whatever to the problem of an adverse decision in the courts which any lawyer——

We can have a very full and constructive discussion on this legislation which I shall have before the House inside six weeks. We shall have two Fishery Bills inside six weeks.

You would not run the contraception one together with them?

That will arise also. My good colleague will be well able to handle that.

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